Documents for making red books when implementing the 2-level government model

Thạch Lam |

Ms. Nguyen Thi Ngoan (Ninh Binh) has a question about how the procedures for making red books when removing the district level and implementing the 2-level government model will change?

Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm - said as follows:

Component of the dossier

People who are using land and owners of assets attached to land who are households, individuals, and communities need to prepare documents including:

- Application for registration of land and assets attached to land according to Form No. 15 issued with Decree 151.

- One of the types of documents specified in Article 137, Clause 1, Clause 5, Article 148, Clause 1, Clause 5, Article 149 of the Land Law, housing diagram, construction works (if any). In case the original land plot has documents on land use rights as prescribed in Article 137 of the Land Law and has a part of the increased land area that has been granted a certificate, the documents on the transfer of land use rights and the issued certificate for the increased area shall be submitted.

- Documents on receiving inheritance of land use rights according to the provisions of civil law in cases of receiving inheritance of land use rights that have not been granted a certificate of land use rights and ownership of assets attached to land according to the provisions of the law on land.

- Documents on receiving inheritance of land use rights according to the provisions of the law on civil matters and documents on transfer of land use rights in cases specified in Clause 4, Article 45 of the Land Law.

- Documents on land allocation without proper authority or documents on purchase, receipt of liquidation, valuation, and distribution of houses and construction works attached to land according to the provisions of Article 140 of the Land Law (if any).

- Documents related to administrative sanctions in the land sector for cases of administrative violations in the land sector.

- Contract or document of agreement or decision of the People's Court on establishing rights for adjacent land plots with a diagram showing the location and size of the adjacent land plot area with limited land use rights in cases of registration of rights for adjacent land plots.

- Documents determining members sharing land use rights of households using land in case of households using land.

- Geopark map extracts (if any).

- The construction design documents have been appraised by a specialized construction agency or have issued a document approving the acceptance results of the completion of construction items and works.

- In case specified in Point a, Clause 6, Article 25 of Decree No. 101/2024/ND-CP, the Decision on administrative sanctions for violations in the field of land shall be submitted; the certificate of payment of the land user.

- Documents for fulfillment of financial obligations, documents related to exemption or reduction of financial obligations for land and assets attached to land (if any).

- In case of receiving the transfer of land use rights, house ownership rights, construction works without carrying out the transfer procedures according to the provisions of law, submit documents on the transfer of land use rights, ownership rights of assets attached to land with the signature of the transferor and the transferee.

- In case a household or individual needs to issue a certificate of land use rights and ownership of assets attached to land for houses and construction works subject to construction permits as prescribed in Clause 3, Article 148, Clause 3, Article 149 of the Land Law:

Submit a certificate from the competent authority for district-level construction management before July 1, 2025 on the conditions for the existence of such houses and construction works according to the provisions of the law on construction (if any).

The agency receiving the application and returning the results

- The One-stop Department according to the regulations of the Provincial People's Committee on receiving documents and returning results of handling administrative procedures at the provincial and commune levels;

- Land registration office;

- Branch of the Land Registration Office.

According to Article 5 of Decree 151, the Chairman of the People's Committee at the commune level has the authority to issue land use right certificates to domestic individuals and overseas Vietnamese who are Vietnamese citizens and the community.

Forms of application submission

Choose to submit the application in the following forms:

- Submit directly to competent authorities.

- Pay via postal service.

- Submit at the location agreed upon between the registration ungender and the Land Registration Office, Branch of the Land Registration Office.

- Submit on the National Public Service Portal or the Provincial Public Service Portal.

Thạch Lam
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Minimum area to be granted a first red book according to the 2024 Land Law

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Mr. Nguyen Van Quyet (Ninh Binh) asked: According to the 2024 Land Law, what is the minimum area required to be granted a red book?